land policy and land administration mark marquardt best practices for land tenure and natural...

LAND POLICY AND LAND ADMINISTRATION

Mark Marquardt

Best Practices for Land Tenure and Natural Resource Governance in Africa

October 2012

Institutional Aspects of Land & Resource Tenure

Economic Political

SocialLegal

Land Tenure and Property Rights

• Land as an asset

• Mixture of social, economic, political, and legal institutional factors

• Bundle of land rights– Location, time, use, people

Land Policy

• EU definition: “An official statement by a government of its intentions and plans regarding the conservation, use, and allocation of land, but does not have the force of law”

• Expresses political choices concerning the distribution of power and interests in land between the state and its citizens

• Determines rights of access to and use of land related resources

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Aesthetic (Beauty)

Cultural(Identity)

Environmental (Sustainability)

Distributional (Equity)

Assurance(Security)

Production (Investment)

Objectives ofLand Policy

Objectives of Land Policy

The Importance of Land Policy

• Enhances tenure security and determines mechanism for distribution of land rights

• Promotes social stability (clarifies government goals/objectives)

• Basis for economic development (expectations and predictability)

• Sustainable land use and sound land management

• Development of legislation, regulations, and institutions (guidance, implementation, monitoring)

Land Legislation

International Treaties Regional Agreements National Constitutions National Laws

Statutory Law Customary Law Religious Laws (Sharia)

Harmonization-simplification Legislative Drafting Regulations Legal Practitioners Access Modernization (E-Commerce, E-Conveyancing, Digital Signatures)

“Act of making or enacting laws, usually by a legislature or other governing body”

‘THE PROCESS OF DETERMINING, RECORDING AND DISSEMINATING

INFORMATION ABOUT OWNERSHIP, VALUE AND USE OF LAND, WHEN

IMPLEMENTING LAND MANAGEMENT POLICIES’ (UN/ECE,1996).

Land Administration – Definition

Land and land administration

• Land as a resource

• Cadastres and land registration

• Land management and land reform

• Land administration

• The benefits of a good land administration system

• Institutional issues

• The role of computerization

The Legal Framework

• The legal status of land and real property

• Land tenure

• Deeds registration and title registration

• Adjudication of title to land

• Boundaries

• Cadastral surveying

• Land parcel information

Financial Matters

• Value and the valuation of land

• Taxing land and property

• Central valuation agencies

• Land and property markets

• Costs and benefits of land administration

• Financing and sources of funding

• Marketing land registry and cadastral data

Land-use Planning

• The role of the cadastre in physical planning

• Land-use planning in urban centres

• Land consolidation and reallocation

• Environmental monitoring and geographic information systems

Institutional Arrangements

• Land policy

• Land administration activities

• Land information management

• Organization and management

Technical Matters

• Control surveys

• Cadastral surveying and mapping

• Electronic data processing for land administration

Spatial Data

• Spatial data is key to property rights but also to many other development needs

• Collect once – use many times

• Use various modes of spatial data tools and gathering approaches

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• Blending scales and accuracies is acceptable in data poor environments

• Spatial data has considerable value but must be maintained

• Maintenance requires good governance

• Emerging economies must look to partnerships with private sector to develop and sustain spatial data

Land Administration Challenges

• Policies require ongoing political will, planning, and long-term investment

• Inadequate data quality and missing data

• Insufficient financing for responsible government entities

• Lack of trained personnel

• Insitutional complexities, lack of institutional will, and personal/institutional corruption

• Outdated legal framework

• Lack of technical standards and ability to share information

• High costs of maintaining software, equipment, and systems

• Development of systems that integrate the diverse tenure forms (formal, customary)

• Lack of public understanding of rights and responsibilities

Procedures for Introducing a Land Administration System

• The determination of user needs

• The creation of new administrative and organizational structures

• The preparation of new legislation

• The adjudication and determination of rights in land

• The surveying of land and property boundaries

• The management of land information

• The establishment of financial management procedures

• Developing awareness in the user community

Thank you!